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قراءة كتاب Minnesota and Dacotah

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Minnesota and Dacotah

Minnesota and Dacotah

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دار النشر: Project Gutenberg
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together; and such kind of enterprises produces grand results. Why, here is a new hotel (the Fuller House) at which I stop, which is surpassed but by very few hotels in the country. It is a first-class house, built of brick, five stories high, and of much architectural beauty. The building itself cost upwards of $100,000, and its furniture over $30,000. Its proprietor is Mr. Long, who has already had good success in this sort of business. One can well imagine the comfort of finding such a house at the end of a long and tedious journey in a new country.

It is estimated that 28,000 people have visited and left St. Paul during the present season. During July and August the travel diminishes, but as soon as autumn sets in it comes on again in daily floods. It is really a novel and interesting state of things one finds on his arrival at the hotel. There are so many people from so many different places! Then everybody is a stranger to almost everybody, and therefore quite willing to get acquainted with somebody. Everybody wants a bit of information on some point. Everybody is going to some place where he thinks somebody has been or is going, and so a great many new acquaintances are made without ceremony or delay; and old acquaintances are revived. I find people who have come from all sections of the country— from the east and the west, and from the south— not adventurers merely, but men of substance and means, who seek a healthier climate and a pleasant home. Nor can I here omit to mention the meeting of my friend, Col. A. J. Whitney, who is one of the pioneers of Minnesota, and with whom I had two years before travelled over the western prairies. A. H. Marshall, Esq., of Concord, N. H., well known as a popular speaker, is also here on a visit.

But what are the roads leading from St. Paul, and what are the facilities of travel to places beyond? These are questions which I suppose some would like to have answered. There is a road to Stillwater, and a stage, which I believe runs daily. That is the route now often taken to Lake Superior. This morning three men came in on that stage from Superior, who have been a week on the journey. The great highway of the territory extends as far as Crow Wing, 130 miles north of here. It passes St. Anthony and several important towns on the eastern bank of the Mississippi. In a day or two I intend to take a journey as far as Crow Wing, and I can then write with more knowledge on the subject.

A very pretty drive out of St. Paul is by the cave. This is an object worth visiting, and is about two miles out of the city. Three or four miles beyond are the beautiful falls of Minnehaha, or laughing water. The drive also takes in Fort Snelling. St. Anthony is on the east side of the Mississippi; Minneapolis is opposite, on the west side. Both places are now large and populous. The main street of St. Anthony is over a mile in length. One of the finest water powers in the Union is an element of growth to both towns. The lumber which is sawed there is immense. A company is undertaking to remove the obstructions to navigation in the river between St. Paul and St. Anthony. $20,000 were raised for the purpose; one-half by the Steamboat Company, and the other half by the people of St. Anthony. The suspension bridge which connects Minneapolis with St. Anthony is familiar to all. It is a fit type of the enterprise of the people. I forget the exact sum I paid as toll when I walked across the bridge— perhaps it was a dime; at any rate I was struck with the answer given by the young man who took the toll, in reply to my inquiry as I returned, if my coming back wasn't included in the toll paid going over? " No," said he, in a very good-natured way, "we don't know anything about coming back; it's all go ahead in this country."

LETTER IV.

THE BAR.

Character of the Minnesota bar— Effect of connecting land business with practice— Courts— Recent legislation of Congress as to the territorial judiciary— The code of practice— Practice in land cases— Chances for lawyers in the West— Charles O'Connor— Requisite qualifications of a lawyer— The power and usefulness of a great lawyer— Talfourd's character of Sir William Follett— Blending law with politics— Services of lawyers in deliberative assemblies

ST. PAUL, October, 1856.

I HAVE not yet been inside of a court of justice, nor seen a case tried, since I have been in the territory. But it has been my pleasure to meet one of the judges of the supreme court and several prominent members of the bar. My impression is, that in point of skill and professional ability the Minnesota bar is a little above the average of territorial bars. Here, as in the West generally, the practice is common for lawyers to mix with their profession considerable miscellaneous business, such as the buying and selling of land. The law is too jealous a mistress to permit any divided love, and therefore it cannot be expected that really good lawyers will be found in the ranks of general business agents and speculators. In other words, a broker's office is not a lawyer's office. There are some lawyers here who have attended strictly to the profession, who are ornaments of it, and who have met with good success. The idea has been common, and as fatal as common, that success in legal practice could be easily attained in the West with a small amount of skill and learning. It is true that a poor lawyer aided by some good qualities will sometimes rise to affluence and eminence, though such cases are exceptions. There are able layers in the West, and, though practice may be less formal and subtle than in older communities, ability and skill find their relative advancement and reward, while ignorance and incapacity have their downward tendency just as they do everywhere else. The fees for professional services are liberal, being higher than in the East. Before an attorney can be admitted to practise he must have an examination by, or under the direction of, one of the judges of the supreme court. The provisions of the territorial statutes are quite strict in their tendency to maintain upright practice.

An act of the present congress has created a revolution in the courts of the territory. The organic act, SS 9, provided that the territory should be divided into three judicial districts; "and a district court shall be held in each of said districts by one of the justices of the supreme court, at such times and places as may be prescribed by law." This meant, I suppose, at such times and places as the territorial legislature should prescribe. Accordingly, as population increased and extended, and as counties were established, the territorial legislature increased the places in each district for holding the district court. Either on account of the expense or for some other cause congress has just stepped aside from the doctrine of non-intervention (ch. 124, sec. 5), and abrogated the territorial legislation so far as to provide that there shall be but one place in each of the three districts for holding a district court. The act applies to all territories. In a territory of five or six hundred miles in extent it is of course inconvenient to have but three places for holding courts. The Minnesotians complain that it is an interference with popular sovereignty. It is possible the legislature might have gone to an extreme in creating places for holding courts; and I suppose the judges were kept on the march a good deal of the time. It also looks as if the remedy by congress was extreme. The people say it is a coercive measure to drive them into a state organization.

The administration of justice is secured by a system which is now common to all the territories, with the exception of Kansas. The supreme court consists of the three district judges in full bench. They hold nisi prius terms in their respective districts, which are called district courts. The judges have a salary of $2000 each, and are appointed for a term of four years, subject to removal by the President.

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